By Khan Tuba Abdulhameed, Legal Intern at Singhania and Co. LLP.
INTRODUCTION.
Climate relates to our surroundings and is a crucial part of human survival. It is also essential for livelihood to have a healthy environment that supports life appropriately rather than one that poses challenges for people to live in. The world, therefore, universally accepted the concept of Sustainable Development, which means, according to the Stockholm Declaration, that the first concern must be the human impact on the environment, with an emphasis on controlling pollution and conserving natural resources. A healthy climate makes the Earth a cozy home for many species, especially for those who rely on natural resources for oxygen and who depend on basic needs such as food, water, air, etc.
Destruction of the climate can have multifaceted problems for people. The main reasons for climate degradation are the growing population, technological advancement, and various human activities. Concern over the issue of climate dates back many years, which is why today there is a need for a proper role of the judiciary in environmental matters. The climate is polluted due to the cutting down of trees, and the concentration of harmful chemicals like Sulphur Dioxide (SO₂), released from the burning of fossil fuels and industrial processes, Nitrogen Oxides (NOₓ), emitted from vehicles and industries, leading to smog and respiratory problems, and Carbon Monoxide, which is hazardous to people’s health. So, in pursuit of progress and economic growth, environmental issues are being neglected, resulting in severe climate-related problems.
Therefore, numerous legislations and articles have been drafted to tackle climate issues and penalize those who are responsible. Alongside this, PIL has become a significant tool allowing citizens to approach the courts and uphold their rights. PIL stands for “Public Interest Litigation,” where aggrieved people advocate for their legal rights. It allows any individual whose legal rights are violated to file a petition. Any person can file, whether they are directly or indirectly affected by the issue or not. Public Interest Litigation is filed under Article 32, allowing citizens to directly approach the Supreme Court to enforce their rights, whereas Article 226 empowers the various High Courts for the same purpose. PIL can also be filed under Section 133 of the Criminal Procedure Code (CrPC), re-enacted as Section 207 in the Bhartiya Nagarik Suraksha Sanhita (BNSS), 2023, to approach the court of a magistrate for matters relating to climate by the public.
ENUMERATION OF PROVISIONS IN THE CONSTITUTION.
Climate issues have become a pressing concern in India, due to which PILs are being filed increasingly to address the issue expeditiously. In India, the law provides for Article 21 in the Constitution, emphasizing the right to life, indicating the right to a clean and healthy environment. The recognition of this right to have a healthy environment has the potential to improve climate conditions. PIL under writ jurisdiction has brought a drastic change in the system and played a pivotal role in speedy trials, providing direct access to the judiciary. For climate-related environmental issues, Public Interest Litigation is now an increasing issue in all countries, irrespective of their level of development. India is also the largest emitter of greenhouse gases. The role of courts is mainly focused on climate quality and ensuring sustainable development. It aims to balance the country’s economic development with climate protection simultaneously. Environmental courts have considered climate-related cases and delivered justice within their jurisdiction on the basis of current laws. The Indian Constitution is not only a document but aims to protect equality, promote welfare, freedom of speech, the right to life and liberty, and reduce economic inequality, making an egalitarian society. It is the responsibility of the three branches of the Constitution to achieve these goals, so by achieving the goal of tackling climate issues and related concerns, the judiciary plays a vital role in reaching the oppressed sections of society. Also, nowadays there is an intensifying trend of PILs on climate issues to boost litigation and dispose of the cases as quickly as possible.
The judiciary is the guardian of the rights of the citizens, and the citizens themselves look to the court to protect their rights during encroachment, as it is charged with the obligation of administering justice and punishing the offender. Due to the complexity and delays in cases taking a long time to settle, the Courts of India felt the need to establish separate environmental courts for effective settlement of disputes in environmental matters.
GREEN ACCOUNTABILITY: A LANDMARK CASE.
The need to establish separate environmental courts was first highlighted in the case of “MC Mehta vs Union of India”, popularly known as the Oleum Gas Leak Case, by Justice P.N. Bhagwati. It involved a gas leak incident at the Shriram Food and Fertilizer Industries plant, a subsidiary of Delhi Cloth Mills Limited, situated in Kirti Nagar, Delhi. In December 1985, there was an escape of oleum gas from one of the units at the factory, which resulted in severe harm to the people who were exposed to the gas. The incident raised concerns about the safety and environmental standards of the factory and its potential impact on the surrounding community. In the writ petition under Article 32 for the Oleum Gas Leak Case, the petitioners requested the Supreme Court to issue a directive for the closure of various units, citing their hazardous nature and potential harm to the community. The Court ruled that Article 32 empowers the Court to protect fundamental rights and provide remedial relief, including compensation in exceptional cases. Public-spirited individuals can file petitions on behalf of disadvantaged persons. Compensation can be awarded for gross infringement of fundamental rights, especially for the poor and disadvantaged. Jurisdiction allows letters to be entertained without strict procedural requirements, facilitating access to justice for marginalized groups.
MK Ranjitsinh vs Union of India (March 21, 2024)
The case represents a pivotal moment in the environmental jurisprudence of India, addressing the delicate balance between wildlife conservation and renewable energy development. Factors contributing to the decline include habitat loss, hunting, and notably, collisions with overhead power transmission lines. This landmark judgment not only underscores the country’s commitment to sustainable development but also establishes the right to be free from the adverse effects of climate change as a fundamental right under the Indian Constitution.
TRIBUNALS FOR A GREENER TOMORROW.
The National Green Tribunal (NGT) was established on 18th October 2010 to conserve nature, the climate, and to give relief and compensation for the damage caused to the climate. The role of courts is crucial, especially considering the challenges posed by industrial development, overexploitation of resources, population explosion, climate change, etc. As environmental issues have become extremely important, the existing Supreme Court and various High Courts often struggle to prioritize these kinds of cases effectively. Hence, to address these gaps, environmental law tribunals have been an utmost effective tool to resolve such cases. It protects natural resources, ensures good-quality air, prevents activities that cause damage to the climate, holds citizens who pollute the environment accountable, and provides remedies for the restoration of the environment. Environmental courts resolve issues promptly and efficiently, thereby relieving affected parties. The role of Environmental Courts not only expedites the resolution of environmental cases but also helps to reduce the burden on the Supreme Court and various High Courts. Furthermore, Environmental Courts offer a cost-effective solution, making it easier for citizens with limited financial resources to seek justice without worrying about exorbitant legal costs. By handling environmental cases with specialized expertise, appointed specifically for tackling climate-related issues, and ensuring speedy trials, these tribunals play an indispensable role in addressing the complex nature of environmental degradation. They also provide a platform that makes decisions by considering the Polluter Pays Principle (those who cause damage to the climate should bear the cost of it and restore it) and also the Precautionary Principle (when there is a danger of particular harm to the environment, precautionary measures should be presumed to lessen or prevent the harm).
CONCLUSION.
It is undeniable that in today’s time, health is paramount, whether it is for humans, animals, or microorganisms. Therefore, a good climate is equally important for survival regardless of a country’s development. In this way, environmental tribunals play a crucial part when people file Public Interest Litigations to protect their rights, with specialized judges focusing on climate issues. Due to efforts taken by tribunals, future generations will be protected from various health hazards and climate-related issues. Without this, the future would be bleak, with worsening conditions and stagnated development. These tribunals make decisions that preserve nature. With regular courts already burdened with other cases apart from climate issues, the increasing prominence and role of Environmental Tribunals is particularly significant and noteworthy.
Reference’s.
- https://www.studocu.com/in/document/university-of-allahabad/business-communication-and-public-relations/development-of-environmental-law-in-india-post-stockholm-declaration-a-study/121606123
- https://pubmed.ncbi.nlm.nih.gov/38305621/
- https://cleartax.in/s/public-interest-litigation
- https://thelegalschool.in/blog/difference-between-article-32-and-226
- https://devgan.in/crpc/section/133/
- https://indiankanoon.org/doc/44369699/
- https://www.pib.gov.in/newsite/printrelease.aspx?relid=105411#:~:text=Union%20of%20India%2C%20(AIR%201978,to%20live%20with%20human%20dignity.
- https://www.lawctopus.com/academike/case-comment-mc-mehta-vs-union-of-india-1987/
- https://testbook.com/landmark-judgements/mk-ranjitsinh-vs-union-of-india
- https://ssrana.in/ufaqs/principles-of-environmental-law/
